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Law
10th Circuit dismisses Prairie Band fuel tax case


Correction: The case is over the fuel tax, not the car tags. The earlier posting incorrectly stated the car tag case was dismissed. That one is still pending.

The Prairie Band Potawatomi Nation's string of bad luck in the courts continued with the dismissal of its fuel tax case.

The tribe sued to stop the state of Kansas from collecting a tax on fuel distributed to the reservation. The 10th Circuit Court of Appeals ruled in the tribe's favor.

But the U.S. Supreme Court, in December 2005, ruled that the state can impose the tax. Last Tuesday, the 10th Circuit responded in a short order [Link] that dismissed the case in favor of the state.

Separately, the 10th Circuit is reconsidering another Prairie Band case over car tags. The decision had gone in favor of the tribe, but the Supreme Court sent it back in light of the fuel tax ruling.

Kansas recognizes the tags issued by Oklahoma tribes but won't recognize the Prairie Band tags, citing safety and sovereignty concerns.

Relevant Links:
Prairie Band Potawatomi Nation - http://www.pbpindiantribe.com

Related Stories:
Prairie Band Potawatomi chairman resigns (01/06)
Supreme Court takes action on tribal car tag case (12/12)
Tribes not worried about Supreme Court ruling (12/9)
Indian law cases await U.S. Supreme Court action (12/8)
Supreme Court upholds state tax on reservation fuel (12/7)
Washington to use gas tax decision against tribes (12/7)
Supreme Court relists Prairie Band car tag case (12/7)
State asks Supreme Court to review car tag case (07/06)
O'Connor resigns from nation's highest court (7/5)
Justice's tenure filled with key Indian law cases (7/5)
Supreme Court wraps up October 2004 term (06/28)
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14 states file brief in Supreme Court tribal tax case (05/13)
Appeals court sides with tribe in car tag dispute (03/28)
Supreme Court takes on tribal-state tax dispute (03/01)
Court sides with tribe in law enforcement dispute (11/12)
Court bars state from imposing gas tax on tribe (08/13)
Judge blocks state from interfering with tribe (8/3)
Kan. tribe wins round in car tag dispute (6/26)